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News 4 Florida

Tuesday’s ruling will apply in the future in the 5th District, which is based in Daytona Beach and includes areas such as Jacksonville and Ocala

In what could be a first-of-its-kind ruling in Florida, an appeals court Tuesday said a drug-sniffing dog’s alert did not justify police searching a car because the dog could not differentiate between medical marijuana and illegal pot.

The ruling by a three-judge panel of the 5th District Court of Appeal in a Lake County case could add complexity to police searching vehicles without obtaining warrants.

The case stemmed from a Groveland police officer in September 2020 stopping a Lyft car for speeding and tag lights that weren’t working. The officer subsequently called for a drug-sniffing dog, Polo, which alerted to the presence of drugs when it walked around the car.

Officers searched the car and found a bag that contained marijuana, crack cocaine, ecstasy and methamphetamine, leading to the arrest of a passenger, Stephon Ford, according to Tuesday’s ruling. Ford tried to get the evidence suppressed by arguing that the dog could not differentiate between illegal marijuana and medical marijuana or hemp.

Full report

https://www.news4jax.com/news/local/2025/01/08/florida-judge-rules-police-dogs-trained-to-alert-on-cannabis-cant-be-the-only-reason-used-to-justify-a-vehicle-search/

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